FILED IN MY OFFICE DISTRICT COURT CLERK Catherine Chavez SECOND JUDICIAL DISTRICT COURT COUNTY OF BERNALILLO STATE OF NEW MEXICO REYNALDO L. CHAVEZ, Plaintiff, No.: D-202-CV-2018-00086 vs. CITY OF ALBUQUERQUE ex rel ALBUQUERQUE POLICE DEPARTMENT. GORDEN EDEN, JR. in his individual and official capacity, WILLIAM SLAUSEN in his individual and official capacity, KATHRYN LEVY in her individual and official capacity, and ROBERT HUNTSMAN in his individual and official capacity, Defendants, VERIFIED COMPLAINT FOR DAMAGES RESULTING FROM. BREACH OF CONTRACT, CIVIL CONSPIRACY, SPOLIATION, AND VIOLATIONS OF THE NEW MEXICO WHISTLEBLOWER PROTECTION ACT Recognizing that a representative government is dependent upon an informed electorate, the intent of the legislature in enacting the Inspection of Public Records is to ensure, and itis declared to be the public policy of this state, that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of public officers and employees. NMSA 1978, § 14-2-5 (1993) 1. This action is brought by Plaintiff Reynaldo L. Chavez against the City of Albuquerque and current and former City of Albuquerque employees of the City of Albuquerque Police Department under common law and claims pursuant to the New Mexico Whistleblower Protection Act, NMSA 1978, § 10-16C-1 er seg.(“WPA’). 2, Under Section 10-16C-3(A) of the WPA, a public employer shall not take any retaliatory action against a public employee because the public employee communicates to the public employer of a third party information about an action or failure to act that the public employee believes in good faith constitutes an unlawful or improper act.3, Under § 10-16C-3(C) of the WPA, a public employer shall not take any retaliatory action against a public employee because the public employee objects to or refuses to participate in an activity, policy or practice that constitutes an unlawful or improper act. 4, The WPA reflects the New Mexico Legislature's commitment to protect public employees who come forward and disclose unlawful conduct in government, or who refuse to join that unlawful activity I. JURISDICTION AND VENUE 5, Mr, Chavez incorporates all previous paragraphs as fully set forth herein. 6. This action is brought pursuant to this Court's original jurisdiction under Article VI, Section 13 of the New Mexico Constitution, common law, and NMSA 1978, § 10-16C-1 et seq. 7. Plaintiff was formerly employed by the Defendant City of Albuquerque and is a proper party to bring this action under NMSA 1978, § 10-16C-1 et seq because Defendant City of Albuquerque is a “public employer” as defined under the WPA and Plaintiff was a “public employee” as defined under the WPA. 8. All of the allegations contained herein occurred while Plaintiff was a City of Albuquerque employee and occurred in the County of Bemalillo of the State of New Mexico. 9. Venue is proper in Bemalillo County pursuant to NMSA 1978, § 38-3-1 10. The unlawful and or improper acts alleged herein were committed within Bemalillo County, New Mexico 11. The necessary notice requirements of NMSA 1978, § 41-4-1 ef seq,, if applicable, were satisfied when Plaintiff's allegations were publicly broadcasted on television by local NBC affiliate KOB-4 on May 1, 2015 under the headline, “APD Records Custodian plans to file Page 2 of 29whistleblower lawsuit against department.”! Plaintiff Chavez furthermore satisfied such notice requirements, if applicable, with his September 4, 2015 “Tort Claims and Right to Sue Notice” submitted to Albuquerque Mayor Richard J. Berry. See September 4, 2015 Letter to Richard J. ‘Berry incorporated herein as Exhibit #1. I, PARTIES 12, Plaintiff Chavez (“Mr. Chavez”) incorporates all previous paragraphs as fully set forth herein, 13, Defendant City of Albuquerque is a political subdivision of the state, has its principal place of business in Bemalillo County, and is recognized as both a person and as a public ‘employer under the WPA. 14, Defendant Gorden Eden, Jr. is the Chief of the Albuquerque Police Department, was superior in rank and position over Mr, Chavez, and is a resident of Bernalillo County, New Mexico, Defendant Eden furthermore was an officer of the Defendant City of Albuquerque as, defined by the WPA. 15, Defendant Kathryn Levy at all times material to this complaint wes an employee of the City of Albuquerque, held the position as legal counsel for APD, was superior in rank and position over Mr. Chavez, and upon information and belief a resident of Bernalillo County, New Mexico. Defendant Levy furthermore was an officer of the Defendant City of Albuquerque as. defined by the WPA. While Defendant Levy held the position as APD legal advisor, any immunity from liability she may have held was waived when she involved herself with unlawful and improper actions involving Mr. Chavez. * Defendants publicly acknowledged Plaintif’s claims in their response to CBS television affiliate KRQE-13 on ‘August 28, 2015 when they called Plaintiff a “disgruntled former employes” who had “outlandish? claims, See -tp:/farge-con/2015/08/28/former-albuquerque-employee-says-city-hid-evidence-inhigh-profile-cases/ Page 3 0f 2916, Defendant William Slausen at all times material to this complaint was an employee of the City of Albuquerque, holds or held the position of Executive Director of APD's Administrative Support Bureau, was superior in rank and position over Mr. Chavez, and upon information and belief is a resident of Bernalillo County, New Mexico, Defendant Slausen furthermore was, or still is, an officer of the Defendant City of Albuquerque as defined by the WPA. 17, Defendant Robert Huntsman at all times material to this complaint was an employee of the City of Albuquerque, holds or held the position of Assistant Chief of the Albuquerque Police Department, was superior in rank and position over Mr. Chavez, and upon information and belief a resident of Bernalillo County, New Mexico. Defendant Huntsman furthermore was, or stil i, an officer of the Defendant City of Albuquerque as defined by the WPA. 18, Mr. Chavez. at all times material to this complaint was an employee of the City of Albuquerque, held the position of Defendant City’s “Records Custodian” and subordinate to all individual defendants. Mr. Chavez furthermore was public employee of the Defendant City of Albuquerque as defined by the WPA. 19. Defendants have no immunity to any of the claims of harm in this complaint as there is a statutory basis for the claims and or Defendants’ waived any available doctrine of immunity as their acts were outside the scope of their duties, the damages caused by Defendants individual and combined actions caused property damages to Plaintiff, and such damages were the result of ‘malicious or fraudulent conduct by Defendants. 10. GENERAL FACTUAL ALLEGATIONS 20, Mr. Chavez. incorporates all previous paragraphs as fully set forth herein. 21. Mr. Chavez. was hired for the position of Central Records Supervisor and Records, Custodian for APD of the Albuquerque Police Department (“APD”) by Defendant City of Page 4 of 29Albuquerque in June of 2011 22, Mr. Chavez's initial hiring was for a probationary period which lasted approximately six months where after he was assigned a permanent position as a classified employee of the City of Albuquerque on December 3, 2011 23. Mr, Chavez was the designated “custodian of public records” for APD pursuant to NMSA. 1978, § 14-2-7 (2011) and as further defined by NMSA 1978, § 14-2-6 (2013), both subsections of New Mexico’s Inspection of Public Records Act (“IPRA”), 24, In compliance with the statutory requirements of NMSA 1978, § 14-2-7 (2011), in addition to other assigned duties, Mr. Chavez was tasked, by Defendants to: A. receive requests, including electronic mail or facsimile, to inspect public records; B._ respond to requests in the same medium, electronic or paper, in which the request ‘was made in addition to any other medium that the custodian deems appropriate; C. provide proper and reasonable opportunities to inspect public records, D. provide reasonable facilities to make or furnish copies of the public records during 25, As a consequence of being APD’s Records Custodian, when parties brought forward legal actions against the City for alleged violations of IPRA, Mr. Chavez was named as a perty to lawsuits, 26. In addition to his hourly pay, the City provided other financial benefits including medical ‘and dental healthcare, pension contributions, a city automobile, private paid parking, a credit card in the City’s name with purchasing authority, remote computing access from home, use of City gym facilities, unrestricted access to APD’s Chief of Police, and other benefits. Page 5 of 2927. On November 18, 2013, City Chief Administrative Officer Robert J. Perry (“CAO Perry”) approved Mr. Chavez"s promotion to the position of “IPRA Supervisor” and whereafter ‘Mr. Chavez's pay increased to $30.00 per hour. 28, APD's Chief Raymond D. Schultz selected Mr, Chavez for APD’s “Civilian of the Month” award in August, 2012. See Department Memorandum 12-68 incorporated herein as Exhibit #2. 29, Mir. Chavez also eared and was awarded APD’s “2012 Civilian of the Year” award. 30, At no time while employed by the City of Albuquerque did Mr, Chavez receive a deficient employment performance review or be placed on a corrective employment performance improvement plan, 31. Mr. Chavez’s job description, duties, and responsibilities included, but were not limited to restructuring the process of how APD received and responded to Inspection of Public Records Act (“IPRA”) requests, receiving IPRA requests, coordinating the gathering of records held by Defendant City of Albuquerque and APD, satisfying IPRA requests, and responding to subpoenas served upon APD as well. Mr. Chavez furthermore would frequently meet with parties who sought to physically view large volumes of public records and would provide an office whereby such parties could review records, 32, In determining what records were responsive to IPRA requests, Mr. Chavez had limited discretion and was required to seek approval for records releases from Defendants. 33. As APD’s Records Custodian, Mr. Chavez's name was publicly presented by Defendants as the point of contact for all persons seeking to submit IPRA requests to APD. Such public presentments included Mr, Chavez's name being listed on the City’s website, being referred to by APD personnel in public statements, and being the identified as the providing person for Page 6 of 29production of all IPRA records to requesting parties. 34, Additional duties Defendants assigned to Mr. Chavez. included: a. Develop, create, and maintain an electronic database to track all IPRA requests from the initial request to final dissemination of public records, . Develop and format procedures so that other City departments, such as the City Clerk's Office, may implement his processes for IPRA requests submitted to them and to serve as a benchmark forall other city records custodians ©. Complete “organizational assessments” of other APD units. 4, Train other City managers in systems design, development, and implementation. e. Assist APD Commanders and Deputy Chiefs in the writing of academic papers while they were attending the Federal Bureau of Investigation’s National Academy in Quantico, Virginia. £ Draft written applications for United States Department of Justice Grants (‘JAG grants”), 8, Assignment to APD committees included the Employee Work Plan committee, Customer Satisfaction Survey commitiee, Organizational Assessment committee, and the Patrol Maintenance Survey committee in addition to others. 35, The City provided to Mr. Chavez one Apple iPhone, two Apple iPads, a premium high performance Hewlett Packard desktop computer, a four-Terabyte extemal hard drive, and large volume scanning equipment (purchased with JAG grant funds) in support of his positon along with a large private office. 36, At the direction of Defendants, Mr. Chavez created a database on his desktop computer and backed up the database on the extemal hard drive which cataloged information about each Page 7 of 29IRPA requestor and all of the materials related to a given IPRA request in support of is position. This database included: 8, Identification of the requestor. b. Date of request. ©. Date of prior requests. 4. Date of entry @. Relevant APD case number(s). £ All emails between Mr. Chavez and the requestor, and emails between Mr. Chavez's staff and to requestors. 1g. All emails between Mr. Chavez and city personnel relating to the materials sought by the requestor as well as emails from Defendants, h, All materials related to the IPRA request i, IPRA Requests related to Bernalillo County Sheriff's Department cases. 37. Upon information and belief, Defendants tasked Mr. Chavez to build this database as a ‘means to gather intelligence on various persons and entities who sought information under IPRA from the City. 38, As Records Custodian, Mr. Chavez supervised two City employees. In support of the new unit, APD contracted with Select Staffing, Ino, to provide up to three temporary workers to assist in receiving, processing, and responding to IPRA requests. With the volume of IPRA requests received by APD numbering up to two dozen requests a week, Mr. Chavez divided the workload into four categories: high profile requests, media requests, citizen requests, and law firm requests. OF those, Mr. Chavez. processed the highest profile requests with the other two Page 8 of 29employees handling the other requests. Support activities were assigned to employees of Select Staffing, Inc. 39, Individual Defendants decided what requests were considered “high profile” and thereafter specifically assigned Mr. Chavez. direct responsibility to respond to those specific requests they identified as “high profile.” 40. Among the high profile IPRA requests Mr, Chavez was as Records Custodian tasked with specific responsibility to address included, but was not limited to, requests concerning: attorney Mary Han, APD police officers Robert Woolever and John Doyle, Bernalillo County District Attomey Kari Brandenburg, APD use of force (2011 through 2015), APD Intelligence Unit (SID/Special Investigations Division), APD Internal Affairs Unit, the Police Oversight Commission, every APD officer involved shooting including James Boyd and Mary Hawkes, all citizen requests from Mfr, Silo Dell’Angela and Mr. Charles Arasim, the shooting death of Jaquise Lewis, the shooting/in custody death of Dale Lusian, large citizen protests against APD, and Taser Intemational, matters involving APD Chief Raymond Schultz, APD police officers Jerry Rauch and Cedric and Greer, APD officer involved shooting of APD Detective Jacob Grant, APD police officer Pablo Padilla, and others. 41. In support of fulfilling his duties and responsibilities of his position, Mr. Chavez requested records from APD units and departments including: documents, lapel camera video, belt tape audio, field investigative reports, photographs, _ homicide/detective interviews/investigative reports, tactical operation plans, citizen police complaints, cell phone video, cell phone audio, full supplemental reports, witness statements, safe-house interviews, text messages, and email correspondences responsive to a given IPRA request. Page 9 of 2942. Upon collection of responsive records, Mr. Chavez was thereafter required to seek approval or confismation from Defendants who individually and or collectively functioned as his supervisors concerning the records to be released. Such employees included Defendant Levy as APD’s legal advisor, Defendant Slausen as executive director of APD’s Support Services Bureau, Defendant Eden, Jr. as APD's Chief of Police, and Defendant Huntsman as APD’s Assistant Chief of Police. 43, Defendants individually or in aggregate would thereafter would instruct Mr, Chavez to deny, withhold, obstruct, conceal, or even destroy records from matters from being produced in contravention to the IPRA by: a, Asserting to Mr, Chavez that records would not be released without any ‘explanation other than “this won't be released” or words to that effect. Defendant Levy frequently stated simply, “there are items we just will not release and we ‘will just pay the fines or lawsuits.” b. Instructing Mr, Chavez to creatively identify an allowable exception the IPRA to withhold production of responsive public records in an effort to “bafile” or rustrate the requestor or otherwise burden them. c. Instructing Mr. Chavez to withhold records after Defendants themselves identified ‘exceptions under the IPRA to withhold production of responsive public records. d. Instructing Mr. Chavez to arbitrarily delay production of responsive public records without justification supporting such delay. €. Instructing Mr. Chavex to fabricate reasons to burden requestors with additional requirements when such requirements were not needed such as case numbers or increased particularity in a given request. See December 4, 2012 email to Page 10 of 29Attorney Rosario Vega Lynn requiring her to identify particular parties in emails sought pursuant to her request when such identification was unnecessary attached herein as Exhibit #3. f£, Instructing Mr. Chavez to overproduce materials to requesters thus requiring a siven requester to spend time consuming hours sifting through boxes of irrelevant ‘materials when no such responsive records were produced. For example, Defendant Levy specifically instructed Mr, Chavez to produce boxes of records for KRQE-13 reporter Kim Holland of non-responsive material related to her requests concerning the United States Department of Justice investigation of APD, Such boxes of material were “not relevant to the request but will take up her time and tire her out” or words to that effect as expressed by Defendant Levy. 44, Actions by Defendants as identified, but not limited to, in Paragraph 42 were unlawful or improper as they were, including but not limited to, in violation of IPRA. 45, At no time did Mr. Chavez delete or destroy, or cause to delete or destroy any public records. 46, Mr, Chavez would receive after hour phone calls, text messages, and emails from Defendants, including but not limited to Defendant Levy, whereby concems about pending IPRA matters were discussed or new incidents that would be reported the following day. Such phone calls frequently occurred late in the evening or early hours of the morning, and on the weekends. 47. Upon information and belief, at their discretion Defendants tactically coordinated the release of “high profile” public records to requesting parties and to selected media outlets on days before weekends or holidays. Such coordination was designed to take advantage of reduced media exposure regarding the released materials Page 11 of 2948, Mr, Chavez, objected to, and protested, and expressed grave concer about Defendants unlawful or improper actions. 49. Mr. Chavez's objections and protests of Defendants wrongful action included: verbal statements to Defendants alerting them to their unlawful or improper acts, requiring Defendants to articulate the basis for the withholding of responsive public records in writing since Mr. Chavez would have to cite himself as the legal entity withholding the record and thereby becoming susceptible to legal proceedings, issuance of an order to him to withhold the responsive public records, or for such persons to address the matter directly with the requester. 50, Upon information and belief, “political calculations” motivated Defendants to commit such unlawful or improper actions. Such political reasons included but are not limited to: concealing misconduct by City personnel, mitigating negative public reaction concerning actions by City personnel, retaliating against City personnel, depriving opposing parties of discovery related to pending actions against the City, encrypting audio and video so that requestors were not able to access information contained therein, and concealing relevant records from the United States Department of Justice. 51. In February 2015, Defendants, CAO Perry, and Mr. Chavez met with Mr. Kent Walz, Editor in Chief of the Albuquerque Journal and the paper’s legal counsel at the paper's offices. ‘The purpose of this meeting was for Defendants to address and resolve litigation being threatened by the paper for IPRA violations by APD. At the meeting, CAO Perry introduced Mr. Chavez as APD’s Records Custodian and publicly praised Mr. Chavez for his efforts with the unit’s systems and organization, Mr. Chavez was furthermore promoted to Mr. Walz and the paper as the remedy to the problems the paper was having with obtaining public records from APD. In recognition of Mr. Chavez's accomplishments, presentation, and history, Mr. Walz Page 12 of 29stated to CAO Perry and others that, “as long as Reynaldo is going to be taking the lead on these IPRAs, we're confident our concerns will be resolved” or words to that effect. 52, Following the meeting with Mr. Walz and Albuquerque Journal personnel the paper did not file any legal action against the City of Albuquerque. 53, Following the meeting with Mr. Walz and Albuquerque Journal personnel, Defendant Levy remarked to Mr. Chavez, “You are rapidly becoming the most powerful man in the City” or ‘words to that effect. 54, Following the meeting with Mr. Walz and Albuquerque Journal personnel, Defendant Slausen remarked to Mr. Chavez, “your unit needs to be disbanded, there is no need for the IPRA Unit” or words to that effect. $5, Following the Albuquerque Journal meeting, Defendants and other APD personnel assigned Mr. Chavez. additional projects including the Employee Work Plan project for sworn and civilian personnel, an investigatory database for APD’s Special Investigation Division, and implementation of a city wide organizational and performance assessment, 56, During the Spring of 2015, in addition to other ancillary duties assigned to him by Defendants, Mr. Chavez. would regularly meet with his two subordinate staff members and Select Staffing, Inc. employees temporarily assigned to the IPRA Unit to address the unit's performance issues. 57. Select Staffing, Inc. employees Ms. Roberta Archuleta and Ms. Tiffani Garcia had chronic performance issues that Mr. Chavez brought to their attention, and attempted to remediate such deficiencies. Such performance issues included repetitive typographical errors in emails sent to IPRA requesters, errors in providing responsive materials meant for other IPRA requesters, misuse of department equipment and resources, abuse of sick-leave by regularly Page 13 of 29calling in sick on Fridays or Mondays, unprofessional conduct in the workplace, and engaging in sex acts with APD personnel on department property. 58. On April 28, 2015 Mr. Chavez met with Select Staffing, Inc, employee Ms, Archuleta and informed her that she was on notice to provide a doctor's note if she took any more sick days off or was otherwise going to be let go for abuse of sick leave. 59, A few hours after meeting with Mr, Chavez, Ms, Archuleta filed a complaint to APD Detective Holly Anderson and other personnel of APD’s “Force Investigation Team” alleging verbal, physical, and sexual abuse by Mr. Chavez. Shortly thereafter, APD personnel escorted Mr. Chavez to the department's Internal Affairs Unit whereupon without notice Defendant Eden placed Mr. Chavez on administrative leave. 60.On May 1, 2015 NBC affiliate KOB-4 reported, under the story “APD Records Custodian plans to file whistleblower lawsuit against department,” Mr, Chavez's concer that Defendant Slausen wanted to disband APD’s IPRA Unit. 61. Over the following months, APD personne! conducted and completed an investigation concerning Ms, Archulete’s allegations and made unsubstantiated conclusions that Mr. Chavez violated department procedures including tolerating sexual harassment amongst his subordinates, failing to intervene in acts of harassment, failing to prevent acts of harassment, ridiculing APD, and untruthfulness. On August 20, 2015 Mr. Chavez’s position with the City was terminated as his services were “no longer needed.” See August 20, 2015 Interoffice Memorandum attached herein as Exhibit #4 62, Following Defendants’ termination of Mr. Chavez’s employment, Defendants named Mr. Ja Urban as “acting Records Custodian” of APD's IPRA Unit. Page 14 of 2963. Following Defendants’ termination of Mr. Chavez's employment, the City of Albuquerque posted a position for Police Records Supervisor on its website with duties including: “Supervise, assign, review and participate in the work of staff responsible for the maintenance and management of records and technical support services, ensure work quality and adherence to established policies and procedures and perform the more technical and complex tasks relative to assigned area of responsibility.” 64, Following Defendants’ termination of Mr. Chavez's employment, Ms. Archuleta of Select Staffing, Inc. was terminated from her position in APD’s IPRA Unit for conduct consistent with Mr. Chavez’s concems. See image showing Ms. Archuleta and Ms. Valerie Padilla (another Select Staffing, Ine. employee) on social media site incorporated herein as Exhibit #5, IV.SPECIFIC FACTUAL ALLEGATIONS ILLUSTRATIVE OF PLAINTIFF'S CLAIMS THAT DEFENDANTS COMMITTED UNLAWFUL AND IMPROPER ACTIONS. ‘a. Relating to the APD Shooting of James Boyd 65, Mr, Chavez. incorporates all previous paragraphs as fully set forth herein. 66. On March 16, 2014 James Boyd, a homeless individual living in Albuquerque, was shot and killed by two APD officers. The shooting was part of a police action which began with the dispatch of two APD officers to investigate a person camping in the foothills and expanded to involve over forty-one (41) APD employees. APD Officer Domingue Perez, one of the officers who shot Mr. Boyd, recorded the shooting on a helmet mounted video recorder. Days following the shooting, and following IPRA requests concerning the shooting, APD publicly released a portion of Officer Perez's video. 61. Following APD’s release of the video, citizens throughout the city gathered in protest and Page 15 of 29‘Mr. Chavez's office was flooded with IPRA requests seeking materials responsive, but not limited to: the entire incident, personnel involved in the incident, Mr. Boyd, communication records of personnel involved, and communications records of APD leadership. 668. In response to IPRA requests, Mr. Chavez sent written correspondences to various APD units and sections seeking records responsive to these requests including APD's Crime Lab, the 911 Communications Center, APD’s Family Advocacy Center, APD's Internal Affairs Unit, APD’s Operations Unit, APD’s Central Records Unit, APD’s Uniform Code Reporting Unit, APD’s Report Review Unit, APD’s Records Unit, and the department’s Information Systems Division (“ISD”). 69, In response to his request, Mr. Chavez received from APD personnel thousands of pages of reports, hours of digital video recordings, and hundreds of digital images. As required, Mr. Chavez discussed the collection of records with Defendants, 70. Among the material provided to Mr. Chavez, was a. Officer Perez’s recorded video of the shooting of Mr. Boyd. bb. Encrypted audio and video (unable to open) ©. Photographs. 4. Field Investigative Reports. ¢. Full investigative supplemental reports. £ Diagrams. 8. Forensic evidence reports, including DNA and ballistic reports. h, Belt tape audio of APD Detective Keith Sandy. Emails and memos between Defendant Eden to other APD personnel Page 16 of 29j. Emails and memos between Defendant Eden and other city personnel including CAO Peny. k, Emails and memos between various APD personnel, 1, Lists of all APD personnel involved in the incident. 71. Mr. Chavez compiled a database on his office computer of the above listed responsive information. 72. Defendants individually and collectively reviewed responsive information and instructed Mr. Chavez to withhold or delay production of certain materials to requesters without a Lawful exception allowing such withholding or delay. 73. Mr. Chavez communicated objections to Defendants actions as Mr. Chavez believed in ‘good faith such actions by Defendants were improper, in violation of state law, violations of public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross ‘waste of public funds and resources. 74. Upon information and belief, responsive material, including video footage, relating to the shooting of Mr. Boyd remains unproduced to requesters. b. Relating to Taser International, Inc. 75. Mr. Chavez incorporates all previous paragraphs as fully set forth herein. 76. On February 28, 2014, local CBS affiliate KRQE-13 reporter Tina Jensen interviewed former APD Chief Raymond D. Schultz. and reported upon Mr, Schultz’s post-APD relationship with Taser International, Inc. (“Taser”). Taser manufactures weapons and digital recording devices which the City has purchased large quantities of (specifically electronic control weapons and on-body camera systems). In her report, entitled “Ex-APD chiefs new gig is with Taser,” ‘Ms. Jensen reported that prior to Mr. Schultz retiring from the city, he helped secure APD as one Page 17 of 29of Taser’s largest clients and steered millions of tax payer dollars towards the company via city contracts for weapons and camera systems. Thereafter Mr. Schultz contracted with Taser as @ “consultant” on a fee basis to promote Taser products to other domestic and foreign law enforcement agencies. 77. Following Ms. Jensen’s report on Mr. Schultz, Mr. Chavez's office was flooded with IPRA requests (including requests from the New Mexico Attomey General’s Office and the Federal Bureau of Investigation) seeking materials responsive, but not limited to: the city’s contracts with Taser, financial records concerning Taser, communication records with Taser, Mr. Schultz’s communication records with Taser, and Taser products owned or controlled by the City. 78. In response to IPRA requests, Mr. Chavez sent written correspondences to various APD units and sections seeking records responsive to the IPRA requests including APD's Crime Lab, Records Unit, the ISD, as well as requests to other City departments. 79, In response to his request, Mr. Chavez. received from APD personnel thousands of pages of reports, digital files, emails, and memos. As required, Mr, Chavez discussed the collection of records with Defendants. 80. Among the material provided to Mr. Chavez was: a. Emails between Mr. Schultz and Taser employees. b. Emails between Mr. Schultz, former APD Chief Allen Banks, and city consultants Mr. Thomas Streicher and Mr. Steven Greenwood c. Emails between Mr. Schultz and other APD employees. 4. Department memos between APD personnel and Mr. Schultz. €. Microsoft Power Point files regarding Taser. Page 18 of 29£. The Taser contract and related purchase order documents, 81. Mr. Chavez compiled a database on his office computer of the above listed responsive information, 82. Defendants individually and collectively reviewed responsive information and instructed ‘Mr. Chavez to withhold or delay production of certain materials to requesters without a lawful exception allowing such withholding or delay, 83. Mr. Chavez communicated objections to Defendants actions as Mr. Chavez believed in good faith such actions by Defendants were improper, in violation of state law, violations of public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross waste of public finds and resources. 84, Upon information and belief, responsive material, including written communications, relating to Mr. Schultz and Taser remain unproduced to requesters, ¢. Relating to APD Surveillance of Public Protests 85. Mr. Chavez incorporates all previous paragraphs as fully set forth herein. 86. On June 21, 2014 citizens gathered in an organized manner to protest APD actions including APD's shooting of Mr. Boyd. The protest involved staged speaking event followed by ‘march and rally. During the protest, APD deployed as many as four detectives dressed in plain clothes to observe the protesters. One of these detectives surreptitiously recorded various citizens including, disproportionate amount of time as compared to other citizens of Mr. Kenneth Ellis. Mr. Ellis’ son had been shot and killed by an APD officer on January 13, 2010. On March 15, 2013 a jury awarded $10.3 Million to the Ellis estate for the wrongful death lawsuit brought upon APD and the officer involved in the shooting. Mr. Ellis is outspoken in matters critical of APD and APD personnel, and frequently has spoken at Albuquerque City Couneil meetings, Page 19 of 29community group meetings, and public rallies protesting APD. 87. Following reports that APD personnel video recorded Mr. Ellis, Mr. Chavez’s office received numerous IPRA requests seeking materials responsive, but not limited to: video recordings of Mr. Ellis, records relating to the detectives involved in the surveillance of the protest, records relating to Mr. Ellis, and communication records by APD personnel relating to the matter. 88. In response to IPRA requests, Mr. Chavez sent written correspondences to various APD units and sections seeking records responsive to the IPRA requests including APD’s Crime Lab, Records Unit, the ISD, and to APD Command Staff including APD Deputy Chief Eric Garcia and Defendant Huntsman. 89, In response to his request, Mr. Chavez received from APD personnel hundreds of pages of reports, digital files, emails, and memos. As required, Mr, Chavez discussed the collection of records with Defendants. 90, Among the material provided to Mr. Chavez, was: a, Emails between Defendant Eden, Jr. and APD personnel b. Emails between Defendant Eden and CAO Perry. ‘8. Documents from APD’s Special Investigation Division (“SID”), 4. Video from APD’s Special Investigative Di ion (“SID”). e._ Images of protesters. £. Video files surreptitiously taken of Mr. Ellis. 91, Mr. Chavez requested complete digital video files from SID whereupon he was summoned to Defendant Eden’s office where he met with Defendant Huntsman and SID Page 20 of 29personnel. At this meeting, Defendant Huntsman told Mr. Chavez the complete video including SIM (Subscriber Identity Module) card would not be released and he would “make it go away.” 92. Mr. Chavez compiled a database on his office computer of the above listed responsive information. 93, Defendants iually and collectively reviewed responsive information and instructed Mr. Chavez to withhold or delay production of certain materials to requesters without a lawful exception allowing such withholding or delay. 94, Mr. Chavez communicated objections to Defendants actions as Mr. Chavez believed in good faith such actions by Defendants were improper, in violation of state law, violations of public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross waste of public funds and resources. 95, Upon information and belief, responsive material, including video footage, relating to the surveillance of Mr. Ellis remains unproduced to requesters and was deleted d. Relating to Citizens Silvio Dell’Angela and Charles Arasim 96, Mr. Chavez. incorporates all previous paragraphs as fully set forth herein. 97. Mr. Silvio Dell’ Angela is a resident of Albuquerque and an outspoken critic of APD and city leadership, Mr. Dell”Angela frequently sends extensive emails excoriating specific APD personnel, including APD Chief Gorden Eden, former chief Raymond D, Schultz, and city leadership including Mayor Richard J. Berry and CAO Robert Perry, and actions by APD personnel. Such emails are widely disseminated to public officials, community groups, political officer holders, and law enforcement personnel. Mr. Dell’Angela frequently submits IPRA requests to APD. Page 21 of 2998. Mr. Charles Arasim is 2 resident of Rio Rancho and an independent video journalist. Mr. Arasim regularly attends official City public events and meetings inclu: Albuquerque City Council meetings, Albuquerque Personnel Board meetings, Albuquerque Police Oversite Commission meetings, and APD press conferences where he video records events and asks questions. In support of his activities Mr. Arasim regularly submits IPRA requests to APD. 99, Defendants required Mr. Chavez to forward IPRA requests submitted by these two individuals to them for specific review of their requests. 100. Upon information and belief, such specific review by Defendants of a given IPRA request was unusual and Defendants clearly discriminated against Mr. Dell’Angela and Mr. Arasim. 101. Mr, Chavez was directed by Defendants to delay or otherwise impede production of responsive records to Mr. Dell’ Angela and Mr. Arasim. At the direction of Defendants, Mr. Chavez. was told to generally identify statutory exceptions to obstruct full production of requests from Mr. Arasim, Defendant Levy boasted that “we'll pay the fines if necessary.” 102. Mr. Chavez compiled a database on his office computer of the above listed responsive information. 103. Defendants individually and collectively reviewed responsive information and instructed Mr. Chavez to withhold or delay production of certain materials to requesters without a lawful exception allowing such withholding or delay. 104. Mr. Chavez communicated objections to Defendants actions as Mr. Chavez believed in good faith such actions by Defendants were improper, in violation of state law, violations of public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross waste of public funds and resources, Page 22 of 29105, Upon information and belief, responsive material relating to requests from Mr. Dell’Agnela and Mr, Arasim remain unproduced, e. Relating to Attorney Mary Han 106, Mr. Chavez incorporates all previous paragraphs as fully set forth herein, 107, On November 18, 2010 Albuquerque civil rights attorney Mary Y.C. Han was reported deceased. In response to the unattended suspicious death report, high ranking members of APD and the city arrived at Ms. Han’s residence. Such personnel included APD deputy chiefs and commanders, CAO Robert Perry, Public Safety Director Darren White, Mr. White’s press secretary TJ. Witham, and numerous unknown persons, The presence of such personnel was in contravention to basic crime scene processing procedures as taught by APD and as a result of such departure and aspects of the death scene, itis suspected that Ms, Han was murdered, 108. In the days and years following November 18, 2010, citizens, media, and law enforcement personnel filed IPRA requests with Mr. Chavez’s office seeking materials responsive, but not limited to: video and image recordings from the crime scene, reports, audio files, personnel records, and communication records by APD personnel relating to the matter. 108. In response to IPRA requests, Mr. Chavez sent written correspondences to various APD. units and sections secking records responsive to the IPRA request cluding APD’s Crime Lab, Records Unit, the ISD, APD’s SID Unit, the City’s Information Technology office, as well as requests to other City departments including Mayor’s and CAO’s Office. 110, In response to his request, Mr. Chavez received from APD personnel hundreds of pages of reports, digital files including images and audio, emails, and memos. As required, Mr. Chavez discussed the collection of records with Defendants, 111. Among the material provided to Mr. Chavez was: Page 23 of 29Crime scene photos. b. APD Field Investigator reports and sketches ©. Emails and memos between APD personnel including messages written and sent between APD officers using their vehicle computer terminals 4. Audio files. ©. Police reports. £. Video files, g. Computer Aided Dispatch reports. 112, Mr. Chavez, compiled a database on his office computer of the ebove listed responsive information 113, Defendants individually and collectively reviewed responsive information and instructed Mr. Chavez. to withhold or delay production of certain materials to requesters without a lawful exception allowing such withholding or delay. 114, Mr. Chavez, communicated objections to Defendants actions as Mr, Chavez believed in ‘g00d faith such actions by Defendants were improper, in violation of state law, violations of public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross ‘waste of public fiunds and resources. 115, Upon information and belief, responsive materiel, including written documents, reports, and images, relating to the death of Ms, Han remain unproduced to requesters, 'V. CLAIMS OF HARM COUNT ONE: VIOLATION OF THE NEW MEXICO WHISTLEBLOWER, PROTECTION ACT 116. Mr. Chavez incorporates all previous paragraphs as fully set forth herein. Page 24 of 29117. Asalleged above, Mr. Chavez communicated in good faith to his employer, Defendants, and third-parties information about actions and failures to act on the part of Defendants that Mr. Chavez believed in good faith were improper, constituted violations of state law, violations of public trust, malfeasance of their public duties, an abuse of authority, and were causative of gross ‘waste of public funds and resources. 118. By its acts and omissions as alleged above, Defendants took retaliatory action against Mr. Chavez because of these communications, in violation of § 10-16C-3 of the New Mexico Whistleblower Protection Act by terminating Mr. Chavez's employment. 119, As a direct and proximate result of Defendants actions of violating the New Mexico ‘Whistleblower Protection Act, Mr. Chavez suffered damages as set forth below and incorporated herein by reference. COUNT TWO: CIVIL CONSPIRACY 120, Mr. Chavez incorporates all previous paragraphs as fully set forth herein. 121. Upon information and belief, prior to taking retaliatory actions against Mr. Chavez, Defendants conspired among themselves to commit violations of the New Mexico Whistleblower Protection Act against Mr. Chavez in violation of NMSA 1978, § 10-16C-3. 122. Upon information and belief, at all relevant times Defendants knew of the good faith efforts of Mr. Chavez to report unlawful and improper acts to his employer and other, and ‘worked in concert with each other to retaliate against Mr. Chavez. 123. Upon information and belief, Defendants worked in concert with one another for the purpose of retaliating against Mr. Chavez in violation of NMSA 1978, § 10-16C-3. 124, Asa direct and proximate act of the conspiracy, Mr. Chavez suffered, and continues to suffer, damages. Page 25 of 29COUNT THREE: SPOLIATION 125, Mr, Chavez. incorporates all previous paragraphs as fully set forth herein. 126, Mr. Chaver’s department desktop computer contained a database which consisted of responsive records for the matters herein detailed in addition to other matters including all other APD shootings. 127, APD spokesperson Tanner Tixier stated to media reporters, “the database doesn’t exist.” 128, Thereafter, through their counsel, Defendants stated, “[t]he City has already taken steps to gather and preserved the materials[.]” 129, Defendants refused to allow Mr. Chavez to inspect the database on the computer and extemal hard drive 130, Upon information and belief the database no longer exists because the computers and external hard crive have disappeared. 131. Defendants intentionally disposed of, destroyed, or allowed to disappear, evidence relevant to this lawsuit, specifically by failing to secure or intentionally causing to misplace the desktop computer and external equipment used my Mr. Chavez. 132. There was the potential of a lawsuit and Defendants were aware of it since May 1, 2015. 133, Defendants kmew there was a lawsuit or the potential for @ lawsuit. 134, Defendants caused, or failed to prevent, the evidence, materials, and database to be destroyed or otherwise lost. 135. By their conduct, Defendants intended to disrupt or defeat a potential lawsuit as well as to cover up the facts that underline this lawsuit. 136. The destruction or failing to secure the database and relevant evidence materially impacts Plaintif?’s ability to prove portions of his case. Page 26 of 29137. Mr. Chavez has suffered damages as a result of the destruction of this evidence. COUNT FOUR: BREACH OF CONTRACT 138, Mr. Chavez incorporates all previous paragraphs as fully set forth herein, 139, A bargained for exchanged existed between Defendant City and Mr. Chavez. Defendant City offered Mr, Chavez. employment with the city. Mr. Chavez accepted the offer. In exchange for his labor, Defendant City provided Mr, Chavez financial and non-financial consideration. Defendant City further enhanced this contract by increasing Mr. Chavez's pay, benefits, and responsibilities, Both parties furthermore assented to this contract. 140, As there was an employment contract between Defendant City and Mr. Chavez, each party owed and was obligated to the other the implied covenant of good faith and fair dealing which is an essential element to all contracts. 141. In retaliating against Mr. Chavez for his communications to his employer and third- parties information about Defendants’ actions and failures to act which Mr. Chavez believed in ‘g00d faith constituted violation of state law, violations of public trust, malfeasance of their public duties, abuse of authority, and were causative of gross waste of public funds and resources, Defendant City breached the covenant of good faith and fair dealing. In doing so, Defendant City prevented Mr. Chavez from enjoying the fruits of the contract. 142, Defendants’ motivating factor was to retaliate against him for his expressions of concern that Defendants’ were committing unlawful and or improper actions with respect to the release of public records. 143, Asa direct and proximate result of the Defendants’ breach of contract, Mr. Chavez suffered damages, Page 27 of 29VL CONCLUSION AND DEMAND FOR RELIEF WHEREFORE, Mr. Chavez requests this Court to: ODP Declare Defendants violated the New Mexico Whistleblower Protection Act; Declare Defendants unlawfully breached the contract with Mr. Chavez; ‘Award Mr. Chavez (1) damages resulting from the Defendants’ violations of the ‘New Mexico Whistleblower Protection Act, (2) emotional distress and special damages, (3) punitive damages because Defendants actions were wanton, willful and or malicious, (4) his costs of action, and (5) his reasonable attorney's fees; and Grant such other and further relief as the Court deems just and proper. Respectfully submitted, (s/ Thomas R. Grover ‘Thomas R. Grover Grover Law, LLC 9400 Holly NE, Bldg. 4 Albuquerque, NM 87122 Office: (505) 695-2050 Fax: (505) 944-1073 ‘Attorney for Plaintiff Page 28 of 29Plaintiff REYNALDO L, CHAVEZ’S Verification State of New Mexico ) jss. County of Bernalillo ) The undersigned affiant, being first duly swom, upon oath, deposes and says: My name is Reynaldo L. Chavez. I am familiar with the claims at issue in this matter. Thave read over, know, and understand the contents of the foregoing Complaint and the statements therein made are true of my own knowledge, except those that are made upon information and belief, and to those I believe them to be true. Reyniildo L. Ghavez Subscribed and sworn to me this Va day of, s mm icf 2016, Page 29 of 29EXHIBIT #1 GROVER LAW, LLC a a a ‘MODHOLLY AVENUENE. BUILDING ALBUQUERQUE NEW Mexico 87122 ‘OFFICE: 15056952050 FACSIMILE: 1505941073 WER: WWW-GROVER:LAW.COM September 4, 2015 ‘The Honorable Richard J. Berry City of Albuquerque 1 Civie Plaza NW Albuquerque, NM 87102 RE: TORT CLAIMS AND RIGHT TO SUE NOTICE Dear Mayor Berry: ‘This firm represents Reynaldo Chavez and with this letter he hereby provides written notice of pending tort and other claims against the city of Albuquerque. Pursuant to the New Mexico Tort Claims Act, specifically NMSA 1978, §41-4-12 and §41-4-6, Mr. Chavez intends to sue the city and to-be-identified city employees for damages caused to him by their unlawful and tortious conduct. Furthermore this letter serves as notice that all records, including but not limited to images, audio & visual recordings, reports, notes, emails, memoranda, transcripts, and other forms of evidence related to this incident are to be preserved and retained as they existed upon receipt of this letter. Addition i 16 preserve and place a“ 1g” lone_comt ive, and_th i ‘one-thot individual compact disks which were in Mr, Chavez’s office. As you know, Mr. Chavez served the Albuquerque Police Department as its Records Custodian since June 2011. From his date of hire on through to when he was unjustifiably placed on administrative leave this past April, Mr. Chavez faithfully carried out his duties to the best of his ability and with high praise by his colleagues and supervisors as documented in his positive performance reviews and significant pay raises. However, in the performance of his duties as the Records Custodian, frequently other department employees interfered with Mr. Chavez’s efforts to comply with statutory requirements of NMSA 1978, § 14-2-I ef seq. Such interference spanned the spectrum of encouraging Mr. Chavez, to find “creative” exceptions to prevent the production of records to direct and explicit orders to conceal responsive records. With regularity, Mr. Chavez was told to find reasons to exclude records and or to manufacture interpretations of the statue that would allow for the exemption of such records. In protest to such unlawful orchestrations, Mr. Chavez. asserted and brought to the attention that such actions as committed by, but not limited to, former city attorney Kathryn Levy, Bill Slausen, Chief of Police Gorden Eden, Jr., Assistant Chief of Police Bob Huntsman, Deputy Chief of Police Eric Garcia, and Deputy Chief of Police William Roseman, were unlawful. However, despite his protestations, Mr. Chayee’s concems were regularly cast aside and incomplete production of responsive Classification: CFOUO O Privloged & Confidential ‘Sent by. BUSPS OHand Delverymaterial was completed outside of his position or he was ordered to produce incomplete records to requesting parties, As a direct consequence of Mr. Chavez's communications to employees of the City who conspired to improperly obstruct the production of public records, or actually did improperly obstruct the production of such records, Mr, Chavez was summarily retaliated against by what clearly was a straw-man allegation of subordinate misconduct and his subsequent dismissal, ‘With this notice, Mr. Chavez preserves his rights to seek relief for the damages caused by your employees, which include, but are not limited to: intentional torts, violation of civil rights, tortious interference, and of course violations of the state’s Whistleblower Protection Act. Mr. Chavez intends to file suit upon this matter in an effort to recover damages. Damages claims by Mr. Chavez, include, but are not limited to, income loss resulting from his discharge, loss of benefits, loss of pension, and emotional anguish. Furthermore, because of the intentional, malicious, and reckless actions of the City personnel involved, punitive damages clearly are supported. If you or your risk managers desire to discuss settlement of this incident before such time please contact my office. Thank you for your attention to this matter. Thomas R. Grover co: File Page 2 of 2Albuquerque Police ent Raymond D. Schultz, Chief of Police 400 Roma NW Albuquerque New Mexico 87102 srawcabg gor EXHIBIT #2 ‘August 1, 2012 DEPARTMENT IRANDUM. 12-68 To: ALL PERSONNEL SUBJECT: CIVILIAN OF THE MONTH -REYNALDO CHAVEZ, ‘The Civilian of the Month selected for the Month of August is Reynaldo Chavez, Manager of Central Records. Mr. Chavez began his career with APD in 2011; and he brought with him credentials that include a Bachelors degree in Operations ‘Management, and an MBA in Human Resources. Reynaldo went on to obtain a Post Masters Degree in Management Information Systems from the Anderson Graduate Schoo! of Management. His professionalism and enthusiasm have been contagious and have raised the productivity and morale of his units, Reynaldo assumed responsibility as the IPRA (Inspection Public Records Act) Coordinator for the Department. Under the IPRA law, the Department has 15 days from the request date to provide the requested materials or face penalties and court costs. It is an arduous task, and Reynaldo has completed 29,100 requests to date, Due to the fact that Reynaldio’s system has worked exceptionally well for the Police Department, the City Clerk's Office has opted to utilize these methods and techniques throughout the city, Additionally, Mr. Chavez. continually demonstrates his loyalty to the Department by volunteering his time and expertise outside of his unit. He recently completed @ two month Organizational Assessment of two units, compilitg the data in an in- depth report that is detailed and informative, while recommending solutions to help increase productivity. Reynaldo has also taken it upon himself to train and mentor his fellow managers, and his performance and conduct continually represents the Department in a favorable light. Reynaldo’s record speaks for itself, and his work ethic is an example for everyone to emulate, He will receive two days off with pay, a check for $50 from the Department, and a gift certificate from both Kaufinan’s West and the FOP. Iss RA D. SCHULTZ Chief of PoliceFrom a Cc ler aR EXHIBIT #3 Sige [ha an 122012 ate eno Once 24,288 90:0 Dear Ms. Vega Lynn, The city will require more than three (3) business days to respond to your latest request. We will respond to your latest request within 15 business days (per IPRA) from the time you submitted. | have taken the liberty of copying the City Clerk who oversees IPRA compliance. As always, please do not hesitate to contact me with any additional questions or concerns. Good day Ma'am. Kind regards, Reynaldo L. Chavez APD Records Custodian/Central Records Supervisor Office (505) 768-2007 Cell: (505) 235-2160 Fax: (505) 768-2540 chavezrécabq.gov [io vagal Sent; Monday, December 24, 2012 11.01 AM To: ‘shavezn@oat Subject: FW: IPRA / Michael Muniz - follow up Importance: High Dear Mr. Chavez sent the attached email on December 17, 2012 at 10:44 a.m. To date, I have not received a response so I am resending the original objections to the IPRA documents produced by APD. ask that you respond by close of business today to the request as the 3 day response period has expired. Thank you Rosario -—-Original Message— From: Yegalynnlawfim@aol. con} Sent: Monday, December 24, 2012 10:57 AM To: Chavez, Reynaldo L. (mailtowegalynnlawtinm@isol coniSubject: Re: IPRA / Michael Muniz ‘Dear Mr Chavez, Thave reviewed the records and CD produced by APD on December 14th. Please note that I only received one report authored by Field Investigator Muniz. on November 18, 2010, The report was for a burglary. Yet, FI Muniz. was in Ms Han's home on November 18th. Thus, please provide the following as required by IPRA: 1, All reports prepared by FI Muniz. on November 18, 2010 to include: (a) the copperfire report, (b) date originally entered into tiburon or the database utilized by APD, (c) date(s) of supplements/amendments/edits and by whom to include identification of the individual and identification of the individual's rank or civilian title and time, (d) supervisor/Sgt approval to include date and time and (e) any and all individuals who have either accessed or retrieved the reports and/or computer file. ‘With regard to the photos on the CD, informed Officer Torres on December 14th that I needed the jpg copies of the photos taken by FI Muniz.on ‘November 18th. The pdf provided by APD do not include the metadata, Please provide all photos in the possession and custody of APD in jpg format. This request includes any photos taken by FI Muniz which are on the camera ‘memory. Further, you indicated that emails concerning Ms Han in eny manner were nonspecific to produce, I do not agree as I clearly requested emails from APD members (see below) and again request those emails be produced. Please provide these records in electronic format as soon as possible. ‘Thank you for your attention. Rosario Vega Lynn Original Message-—-— From: Chavez, Reynaldo L. To: Roserio Vege Lynn Subject: IPRA / Michael Muniz Sent: Dec 4, 2012 3:01 PM Dear Ms, Vega Lynn, This email will acknowledge completion of your public records request dated November 17, 2012 (Saturday) and received by my office on November 19, 2012 (Monday). Please review the following,“Please provide any and all incident reports/field investigation reports prepared by Michael Muniz. from November 1 to November 30, 2010”; Multiple Teporis in excess of 308 pages. Available for review. 2. “Any and all electronic communications to include but not limited ‘0 emails and text communications by cellular phone sent by any member of the Albuquerque Police Department to anyone concerning Mary Hen in any ‘manner from January 1, 2010 to the present”; Not possible to process, Emails have to be identified from one(1) individual to another (1) individual. Voluminous. “Any and all correspondence (to include inter-office memoranda) concerning Ms. Han in the possession and/or control of the Albuquerque Police Department”; Not possible to process or produce, “Provide any and all photographs in the possession or control of the City of Albuquerque concerning Mary Han in any manner to include a fall and complete electronic copy of ll of the photographs taken by Michael Muniz.on November 18, 2010 concerning Ms. Han and/or her home located at 3022 Colonnade NW currently in the possession and control of the Albuquerque Police Department”; Available for review. “Provide any and all internal complaints against any Albuquerque Police Department personnel initiated by/conducted by/or reviewed by Deputy Chief Paul Feist, Deputy Chief Allen Banks, Deputy Chief Beth Paiz, Deputy Chief Steve Warfield and/or Chief Raymond Schultz from January 1, 2010 to the present”. The documents requested are exempt from production pursuant to Seo. 14-2-1A(3), State ex rel. Newsome v. Alarid, 90 NIM. 790 (1977), and Cox v. New Mexico Dep’t of Public Safety, 148 NM. 934 (Ct. App. 2010), “J ask that you provide this information in electronic format.” ‘The available information was not available in electronic format. Incident reports require multiple processing steps (manual). Photographs are. available via CD, Network restrictions limit size to be transmitted ‘electronically. Current charges per Admin Instruction 1-7; 0.50 cents per page CDs - $5.00 per copy Please be advised that you may review/inspect at Law Enforcement Center 400 Roma Ave. NW Albuquerque, NM 87102 Please contact Ms. Jackie Garza to schedule review @ 505.768.2141. If purchasing documents and CD, please make payment ($159.00) by cash. Payment may also be made by company check made payable to City of Albuquerque. Please do not hesitate to contact me if you have any questions or comments.Kind regards, Reynaldo L. Chavez APD Records Custodian/Central Records Supervisor Office: (505) 768-2007 Cell: (505) 235-2160 Fax: (505) 768-2540 From: Chavez, Reynaldo L. Sent: Monday, November 19, 2012 7:17 PM To: 'RVL' Subject: IPRA / Michael Muniz Mr. /Ms. Vega Lynn This email will acknowledge receipt of your public records request dated November 17, 2012. Please be advised we are reviewing your request to determine what public records are responsive and whether any exceptions to their production apply. We will continue our review and contact you prior to the expiration of fifteen (15) days from the receipt of your request. Please do not hesitate to contact me if you have any questions or comments. Kind regards, Reynaldo L. Chavez APD Records Custodian/Central Records Supervisor Office: (505) 768-2007 Cell: (505) 235-2160 Fax: (505) 768-2540 Shavez@cabs go From: RVL Sent; Saturday, November 17, 2012 5:12 PM ‘To: Chavez, Reynaldo L. Subject: FW: Public Records Request ‘Dear Mr, Chavez: I would like to amend paragraph 1 as follows: 1. Please provide any and all incident reports/field investigation reports prepared by Michael Muniz from November | to November 30, 2010. My apologies for any confusion. RosarioFrom: RVL Sent: Saturday, November 17, 2012 4:28 PM To: 2 Subject: Public Records Request Dear Mr. Chavez: Please accept this request as provided by the Inspection of Public Records ‘Act, NMSA 1978, Section 14-2-1 et seq. Please provide the following public records: 1. Any and all incident reports/field investigation reports prepared by Michael Muniz from January 1,2010 to the present; 2. —_ Any and all electronic communications to include but not limited to emails and text communications by cellular phone sent by any member of the Albuquerque Police Department to anyone concerning Mary Han in any manner from January 1, 2010 tothe present; 3. Any and all correspondence (to include inter-office memoranda) concerning Ms. Han in the possession and/or control of the Albuquerque Police Department; 4. Provide any and all photographs in the possession or control of the City of Albuquerque concerning Mary Han in any manner to include a full and complete electronic copy of all of the photographs taken by Michael Muniz.on November 18, 2010 conceming Ms. Han and/or her home located at 3022 Colonnade NW currently in the possession and control of the Albuquerque Police Department; 5. Provide any and all internal complaints against any Albuquerque Police Department personnel initiated by/conducted by/or reviewed by Deputy Chief Paul Feist, Deputy Chief Allen Banks, Deputy Chief Beth Paiz, Deputy Chief Steve Warfield and/or Chief Raymond Schultz from January 1, 2010 to ‘the present. Task that you provide this information in electronic format. Thank you for your attention Rosario D Vega Lynn Attomey ‘Vega Lynn Law Offices, LLC 1019 2nd Street NW Albuquerque, NM 87102 (505) 227-5091 (505) 299-0518 FAX Confidentiality Note:This is e-mail, and any attachment to it, contains privileged and confidential law firm information intended only for the use of the individuals(s) or entity named on the e-mail. If you receive this transmission in error, please notify the sender by reply e-mail and delete the message and any attachments. Thank you.EXHIBIT #4 City of Albuquerque Albuquerque Police Department Gorden E. Eden, Jr. ‘Chief of Police August 20, 2015, Interoffice Memorandum To: Reynaldo Chavez, IPRA Supervisor From: Gorden E. Eden, Jr Chief of Police FUL for GE, Subject: Termination Effective August 20, 2015, your services with the City of Albuquerque, Albuquerque Police Departinent are no longer needed. Your regular paid hours and accrued vacation hours will be paid to you ina lump sum, up to and including August 20, 2015. Ce: Robert Huntsman, Assistant Chief of Police ZA William Slauson, Executive Director/APD Support Bureau Antoinette Telles, APD Records Division Manager Karen K. Salazar, APD Personnel/Payroll ManagerEXHIBIT #5